101LFingerprints, photographs etc.

101L  Fingerprints, photographs etc.  (1) An investigating officer who is an officer or warrant officer may take, or cause to be taken, prints of the hands, fingers, feet or toes, sound recordings of the voice, samples of the handwriting, or photographs, of a person who is in lawful custody in respect of a service offence if:  (a) the investigating officer believes on reasonable grounds that it is necessary to do so for the purpose of establishing who the person is or of identifying the person as the person who committed the service offence or of providing evidence of, or relating to, the service offence;  (b) the investigating officer believes on reasonable grounds that the person has committed another service offence and the prints, recordings, samples or photographs are to be taken for the purpose of identifying the person as the person who committed the other service offence or of providing evidence of, or relating to, the other service offence; or  (c) the investigating officer has the consent in writing of the person to do so.  (2) Except as provided in subsection (1) or in accordance with an approval under subsection (4), or for the purposes of section 101K or subsection 101N(5), an investigating officer shall not:  (a) take, or cause to be taken, a print, recording, sample or photograph of a kind referred to in subsection (1) in respect of a person who is in custody in respect of a service offence; or  (b) require any other person to submit to the taking of any such print, recording, sample or photograph.  (3) An investigating officer who is an officer or warrant officer may:  (a) make application to an authorized officer in person; or  (b) if it is impracticable for the investigating officer to make application to an authorized officer in person—make application to an authorized officer by telephone; for approval to take, or cause to be taken, prints of the hands, fingers, feet or toes, sound recordings of the voice, samples of the handwriting, or photographs, of:  (c) a person who is in lawful custody in respect of a service offence; or  (d) a person against whom proceedings have been instituted under section 87 in respect of a service offence.  (4) The authorized officer may, if he or she thinks it proper in all the circumstances, give his or her approval, in writing, to the taking of the prints, recordings, samples or photographs, as the case may be.  (5) Where the application was made to the authorized officer by telephone, the authorized officer shall cause the instrument of approval to be forwarded to the applicant.  (6) An investigating officer may use such reasonable force as may be necessary in acting in accordance with subsection (1) or in pursuance of an approval of an authorized officer under subsection (4).